A 1991 Act tenancy carries on from year to year until it is ended by a valid notice. A notice that is late, early or in the wrong form leaves the tenancy running.
Giving notice
When a landlord gives notice to quit
The tenant can serve a written counter-notice on the landlord within 1 month of the notice to quit. The notice to quit then takes effect only if the Scottish Land Court consents.
The counter-notice does not help where the notice to quit relies on certain grounds in the Act. These include planning permission for a non-agricultural use, a Land Court certificate of bad husbandry, failure to pay rent or remedy a breach within 2 months of a written demand, material harm to the landlord's interest from a breach that cannot be remedied, and the tenant's apparent insolvency.
Compensation when the tenancy ends
Compensation may be lost for an improvement made without the consent or notice it needed. Disturbance compensation, and the extra payment of 4 years' rent, are not payable where the notice to quit relied on most of the grounds that rule out a counter-notice, and the extra payment has further exceptions in the Act.
Deadlines for claims
A claim that arises when the tenancy ends cannot be enforced unless, within 2 months after the end, the claimant gives the other party written notice of the intention to claim. The notice must say what the claim is for; naming the provision of the Act, custom or agreement it relies on is enough.
Landlord and tenant then have 4 months from the end of the tenancy to settle the claim in writing. If it is not settled in time, it goes to the Land Court.
Changes from the Land Reform (Scotland) Act 2025
The Land Reform (Scotland) Act 2025 received Royal Assent on 16 December 2025. It amends the Agricultural Holdings (Scotland) Acts, including rules on ending a tenancy, compensation for improvements and the landlord's right to resume land. Each change takes effect only on the date Scottish Ministers set in commencement regulations. Until a change comes into force, the law it amends continues to apply.
-
A notice in the right window
Work out the termination date first, then serve written notice between 1 and 2 years before it, and keep proof of service.
-
A counter-notice plan
If you are the tenant and receive a notice to quit, diarise the 1-month deadline for a counter-notice as soon as it arrives.
-
Records of every improvement
Keep invoices, photographs, and the landlord consents or notices given for each improvement, so you can show what compensation is due.
-
A written notice of claim
Send written notice of each claim to the other party within 2 months after the tenancy ends, saying what each claim is for.
Legal basis
Primary legislation and key regulations
Browse UK legislation (opens in a new tab) legislation.gov.uk